Facts
Swisscom AG intended to erect a mobile phone antenna with a mast and equipment cabinet in Dotzigen. The district governor granted the building permit, against which the neighbors and the municipal council of Dotzigen unsuccessfully filed an objection. The appellants contested the decision up to the Federal Supreme Court.
The Federal Supreme Court dismissed the administrative court appeal. The planned mobile phone installation met all the requirements of the Ordinance on Protection Against Non-Ionizing Radiation (NISV), in particular the immission limit values and the precautionary installation limit values.
Considerations
The Federal Supreme Court states that the NISV contains a concept for protection against non-ionizing radiation based on two pillars:
- Immission limit values to protect against scientifically proven thermal effects
- Precautionary installation limit values to limit the risk of other, not yet foreseeable harmful effects, in particular non-thermal effects
The appellants argued that the NISV insufficiently considers the non-thermal effects. However, the Federal Supreme Court states that the determination of the immission limit values is…